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U.S. Code as of:
01/19/04
Section 1461. National Estuarine Research Reserve System
(a) Establishment of System
There is established the National Estuarine Research Reserve
System (hereinafter referred to in this section as the "System")
that consists of -
(1) each estuarine sanctuary designated under this section as
in effect before April 7, 1986; and
(2) each estuarine area designated as a national estuarine
reserve under subsection (b) of this section.
Each estuarine sanctuary referred to in paragraph (1) is hereby
designated as a national estuarine reserve.
(b) Designation of national estuarine reserves
After April 7, 1986, the Secretary may designate an estuarine
area as a national estuarine reserve if -
(1) the Governor of the coastal state in which the area is
located nominates the area for that designation; and
(2) the Secretary finds that -
(A) the area is a representative estuarine ecosystem that is
suitable for long-term research and contributes to the
biogeographical and typological balance of the System;
(B) the law of the coastal state provides long-term
protection for reserve resources to ensure a stable environment
for research;
(C) designation of the area as a reserve will serve to
enhance public awareness and understanding of estuarine areas,
and provide suitable opportunities for public education and
interpretation; and
(D) the coastal state in which the area is located has
complied with the requirements of any regulations issued by the
Secretary to implement this section.
(c) Estuarine research guidelines
The Secretary shall develop guidelines for the conduct of
research within the System that shall include -
(1) a mechanism for identifying, and establishing priorities
among, the coastal management issues that should be addressed
through coordinated research within the System;
(2) the establishment of common research principles and
objectives to guide the development of research programs within
the System;
(3) the identification of uniform research methodologies which
will ensure comparability of data, the broadest application of
research results, and the maximum use of the System for research
purposes;
(4) the establishment of performance standards upon which the
effectiveness of the research efforts and the value of reserves
within the System in addressing the coastal management issues
identified in paragraph (1) may be measured; and
(5) the consideration of additional sources of funds for
estuarine research than the funds authorized under this chapter,
and strategies for encouraging the use of such funds within the
System, with particular emphasis on mechanisms established under
subsection (d) of this section.
In developing the guidelines under this section, the Secretary
shall consult with prominent members of the estuarine research
community.
(d) Promotion and coordination of estuarine research
The Secretary shall take such action as is necessary to promote
and coordinate the use of the System for research purposes
including -
(1) requiring that the National Oceanic and Atmospheric
Administration, in conducting or supporting estuarine research,
give priority consideration to research that uses the System; and
(2) consulting with other Federal and State agencies to promote
use of one or more reserves within the System by such agencies
when conducting estuarine research.
(e) Financial assistance
(1) The Secretary may, in accordance with such rules and
regulations as the Secretary shall promulgate, make grants -
(A) to a coastal state -
(i) for purposes of acquiring such lands and waters, and any
property interests therein, as are necessary to ensure the
appropriate long-term management of an area as a national
estuarine reserve,
(ii) for purposes of operating or managing a national
estuarine reserve and constructing appropriate reserve
facilities, or
(iii) for purposes of conducting educational or interpretive
activities; and
(B) to any coastal state or public or private person for
purposes of supporting research and monitoring within a national
estuarine reserve that are consistent with the research
guidelines developed under subsection (c) of this section.
(2) Financial assistance provided under paragraph (1) shall be
subject to such terms and conditions as the Secretary considers
necessary or appropriate to protect the interests of the United
States, including requiring coastal states to execute suitable
title documents setting forth the property interest or interests of
the United States in any lands and waters acquired in whole or part
with such financial assistance.
(3)(A) The amount of the financial assistance provided under
paragraph (1)(A)(i) with respect to the acquisition of lands and
waters, or interests therein, for any one national estuarine
reserve may not exceed an amount equal to 50 percent of the costs
of the lands, waters, and interests therein or $5,000,000,
whichever amount is less.
(B) The amount of the financial assistance provided under
paragraph (1)(A)(ii) and (iii) and paragraph (1)(B) may not exceed
70 percent of the costs incurred to achieve the purposes described
in those paragraphs with respect to a reserve; except that the
amount of the financial assistance provided under paragraph
(1)(A)(iii) may be up to 100 percent of any costs for activities
that benefit the entire System.
(C) Notwithstanding subparagraphs (A) and (B), financial
assistance under this subsection provided from amounts recovered as
a result of damage to natural resources located in the coastal zone
may be used to pay 100 percent of the costs of activities carried
out with the assistance.
(f) Evaluation of System performance
(1) The Secretary shall periodically evaluate the operation and
management of each national estuarine reserve, including education
and interpretive activities, and the research being conducted
within the reserve.
(2) If evaluation under paragraph (1) reveals that the operation
and management of the reserve is deficient, or that the research
being conducted within the reserve is not consistent with the
research guidelines developed under subsection (c) of this section,
the Secretary may suspend the eligibility of that reserve for
financial assistance under subsection (e) of this section until the
deficiency or inconsistency is remedied.
(3) The Secretary may withdraw the designation of an estuarine
area as a national estuarine reserve if evaluation under paragraph
(1) reveals that -
(A) the basis for any one or more of the findings made under
subsection (b)(2) of this section regarding that area no longer
exists; or
(B) a substantial portion of the research conducted within the
area, over a period of years, has not been consistent with the
research guidelines developed under subsection (c) of this
section.
(g) Report
The Secretary shall include in the report required under section
1462 of this title information regarding -
(1) new designations of national estuarine reserves;
(2) any expansion of existing national estuarine reserves;
(3) the status of the research program being conducted within
the System; and
(4) a summary of the evaluations made under subsection (f) of
this section.
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